https://thehill.com/regulation/court-battles/-ex-white-house-law…
Former White House lawyer Ty Cobb on Tuesday predicted the U.S. Supreme Court could rule “9-0” in favor of former President Trump in a potential appeal of Colorado Supreme Court’s new ruling that would kick Trump off the state’s ballot.
“I think this case will be handled quickly, I think it could be 9-0 in the Supreme Court for Trump,” Cobb said in an interview on CNN, adding later, “I do believe it could be 9-0 because I think the law is clear.”
The Colorado Supreme Court ruled the office of the president falls under the insurrection clause, which states those who previously took oaths to support the Constitution as a “member of Congress” “officer of the United States,” “member of any State legislature” or an “executive or judicial officer of any State” cannot engage in a rebellion against it.
“The real key issue in this case is — is Trump an officer in the United States in the context in which that term is used in the Article Three of the 14th Amendment,” Cobb said. “And in 2010, Chief Justice Roberts explained in free enterprise that people don’t vote for officers of the United States.”
Cobb went on to reference multiple Supreme Court decisions that do not conclude officers include the president or vice president in this context.
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